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Newsletter #68 September 11, 2019 |
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NLRB: Social Media Policy Can't Require Employees to Use Real Name Online
Time to double-check your social media policies.
by Tim McElgunn
The National Labor Relations Board (NLRB) has released a 2018 advice memo from its Office of General Counsel regarding “whether various Employer [CVS Health] social media rules are unlawfully overbroad“ under the National Labor Relations Act (NLRA).
The memo delivers mixed news for employers — the NLRB found that two of CVS’ social media policies did violate workers’ rights under the NLRA. But the rest of the company’s social media policies fall within the law.
So, what rights did CVS violate in its social media policies?
The two sections of CVS’ policy the Board identifies as unlawful prohibited activities protected under NLRA Section 7.
The unlawful policies, it said, impinged on workers’ rights to “discuss with each other “wages, working conditions or employment disputes,” and to “engage in concerted activities for their mutual benefit.”
Those rights were included in the NLRA to protect workers’ rights to organize and to publicize what they see as unfair, unsafe, or illegal work conditions.
Who posted this?
One of the things CVS got wrong, the board said, was trying to force employees to identify themselves by their real name any time they discussed anything about the company or its activities using social media.
But, NLRB said, “requiring employees to self-identify in order to participate in collective action would impose a significant burden on Section 7 rights.”
And the company’s restriction on undefined “employee information” on social media also broke the rules.
“While the employer has a legitimate business interest in keeping customers’ and employees’ personal and medical information confidential,” the memo says, “it has no legitimate interest in preventing employees from sharing contact information or discussing wages, working conditions or employment disputes.”
OK to ban uncivil, illegal posts
The board found no problem with CVS saying employees can’t post material that’s “discriminatory, harassing, bullying, threatening, defamatory or unlawful or any content, images or photos that they don’t have the right to use.”
The decisions, the Board said, are “consistent with the Board’s ‘duty to strike the proper balance between … asserted business justifications and the invasion of employee rights … focusing on the perspective of employees.”
What does the memo mean for your organization?
For starters, you need to review your handbooks, Code of Conduct and other formal policy statements for any language that limits workers’ Section 7 rights and modify or get rid of it altogether.
But you can’t stop there. Other federal, state and municipal laws and regulations specifically protect workers’ rights to discuss discrimination, harassment, retaliation and safety.
And many states frown on employers trying to control workers’ (legal) off-duty activities.
This is a good time to check your policies against those, as well. |
| | GEA Salary Survey Interest Poll
We are in the process of determining interest in GEA’s Salary Survey. The last survey we did in 2017 had approximately 40 participants. In order to make the survey viable and useful to participants, we need to have a much larger participant pool. If you are interested in participating in the survey, please respond by registering your interest in participating and commitment to completing the survey. There is no cost to participate in the survey and GEA Member participants receive a free copy of the survey upon completion.
Thanks for your support of GEA and I look forward to seeing the results to determine if there is sufficient support to continue this service.
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Why Utilizing an Executive Coach Has Become So Popular
Michael Jordan, Michael Phelps and Peyton Manning had coaches. Tiger Woods had several coaches. And as one client said to me - indicating his interest in having a coach - "Even Tom Brady has a coach."
In today’s demanding business environment leaders have limited opportunity to address their personal development needs. And making matters worse, leaders are often somewhat isolated from meaningful feedback.
An Executive Coach becomes a partner in a leader’s learning process - providing pertinent techniques, perspective and experience. Executive Coaching is a proven means of accelerating leadership development - so increasingly, businesses are engaging Executive Coaches to:
- Assist managers and leaders in dealing with the increasing complexity of their business environments
- Work with leaders on the positive side of coaching - developing their high-potential talent. In fact, 140 leading Executive Coaches surveyed in a recent HBR study reported that they are hired primarily for that reason
- Help technically-proficient individuals who have been promoted into a managerial role but are not particularly skilled in dealing with their direct reports. As managers climb the corporate ladder, their interpersonal skills become increasingly more important than their technical expertise
- Retain leaders and follow through on succession plans - showing the organization's commitment to investing in the development of its key talent
- Shorten the time it will take a leader to address his/her developmental areas and sustain the change
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| | | | Upcoming Training & Networking
November 6-7: Fall Conference, The Ritz-Carlton, Lake Oconee
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Georgia Employers' Association |
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